(PC) Woods v. Swift et al, No. 2:2014cv02665 - Document 23 (E.D. Cal. 2015)

Court Description: ORDER ADOPTING 21 FINDINGS and RECOMMENDATIONS, in full, signed by Judge John A. Mendez on 7/9/2015. Defendants' 17 Motion to Dismiss is DENIED and they are directed to file a response to Complaint within 20 days of service of this Order. (Marciel, M)

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(PC) Woods v. Swift et al Doc. 23 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL WOODS, 12 No. 2:14-cv-2665 JAM KJN P Plaintiff, 13 v. 14 B. SWIFT, et al., 15 ORDER Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On May 28, 2015, the magistrate judge filed findings and recommendations herein which 20 21 were served on all parties and which contained notice to all parties that any objections to the 22 findings and recommendations were to be filed within fourteen days. Defendants have filed 23 objections to the findings and recommendations. In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, this 24 25 court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 26 court finds the findings and recommendations to be supported by the record and by proper 27 analysis. 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The findings and recommendations filed May 28, 2015, are adopted in full; 3 2. Defendants’ motion to dismiss (ECF No. 17) is denied; and 4 3. Defendants are directed to file a response to the complaint within twenty days of 5 service of this order. 6 DATED: July 9, 2015 7 /s/ John A. Mendez__________________________ 8 UNITED STATES DISTRICT COURT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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